Bargain and sale deed


Bargain and sale deed

A bargain and sale deed is in United States real property law, a deed "conveying real property without covenants". [Black's Law Dictionary, p. 46 (2001 edition).]

This is a deed "for which the grantor implies to have or have had an interest in the property but offers no warranties of title to the grantee. This type of deed is typically used in many states to transfer title." [ [http://www.answers.com/topic/bargain-and-sale-deed Answers.com] ]

Under common law, this type of deed technically created a use (law) in the buyer who then gets title. [ [http://research.lawyers.com/glossary/bargain-and-sale-deed.html Lawyser.com web site] ] Under the Statute of uses, modern real property law disregards this subtle distinction. Fact|date=August 2007

A "bargain and sale deed" is especially used by local governments, fiduciaries such as executors, and in foreclosure sales by sheriffs and referees. Fact|date=August 2007 The fact that it comes without any warranties from the government means that the new owner may not have good title. Fact|date=August 2007 However, if the city did not have good title, then the new landowner may seek a remedy against the local government. [See, "e.g.", [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=or&vol=A124361&invol=1 Findlaw.com] , citing "Winters v. County of Clatsop" (2005).]

Some states require a specific form to be used. [ [http://apps.leg.wa.gov/RCW/default.aspx?cite=64.04.040 Washington state official web site] ] Some states also allow a grantor (or seller) to add warranties. [ [http://alicebroughton.com/Glossary/BARGAIN_AND_SALE_DEED.html Alice Broughton web site] ] In such case, it may be called a "bargain and sale with covenants deed". [ [http://www.worldlawdirect.com/article/891/Deeds.html World Law Direct web site] ]

References

ee also

* Conveyance
* Deed
* Foreclosure sale
* Quitclaim deed
* Warranty deed


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Look at other dictionaries:

  • bargain and sale deed — see deed Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • bargain and sale deed — See bargain and sale …   Ballentine's law dictionary

  • bargain and sale deed — A deed that has a recitation of consideration coupled with words of conveyance of real property. It is a form of deed of conveyance without any covenants; a bare conveyance to grantee of whatever interest grantor has at time of the conveyance.… …   Black's law dictionary

  • bargain and sale deed — A deed that has a recitation of consideration coupled with words of conveyance of real property. It is a form of deed of conveyance without any covenants; a bare conveyance to grantee of whatever interest grantor has at time of the conveyance.… …   Black's law dictionary

  • bargain and sale — n. A contract commonly used in real estate to transfer title and use of property from buyer to seller; does not include warranties against liens or encumbrances. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy …   Law dictionary

  • bargain and sale — A deed in the form of a contract which became effective to transfer legal title by virtue of the Statute of Uses. 23 Am J2d Deeds § 13. A sale of personal property which vests title in the buyer, 46 Am J1st Sales § 2. A contract within the… …   Ballentine's law dictionary

  • deed of bargain and sale — See deed of purchase …   Ballentine's law dictionary

  • deed — 1 n 1: something done: act (1) my free act and deed 2: a written instrument by which a person transfers ownership of real property to another see also deliver …   Law dictionary

  • bargain — bar·gain 1 n often attrib [Old French bargaigne negotiation, haggling, from bargaignier to haggle] 1: an agreement between parties that settles what each gives or receives (as a promise or performance) in a transaction between them compare… …   Law dictionary

  • Deed — For the British cargo ship, see SS Deed. Property law …   Wikipedia